Subject: Re: [EL] Electionlawblog news and commentary 11/29/10
From: EDWARD FOLEY
Date: 11/29/2010, 9:21 AM
To: Rick Hasen
CC: Election Law <election-law@mailman.lls.edu>
One quick factual question about the Toobin piece that Rick links to. Toobin says that the "the Florida courts, interpreting Florida election law, [ordered] a statewide recount of all undervotes and overvotes; that is, ballots that indicated no Presidential preference or more than one." My memory is different: the Florida Supreme Court's 4-3 decision ordered only a statewide recount of undervotes, not overvotes, and that was a basis of concern in both Justice Wells' dissent at the state level, as well as mentioned as a potential factor in the U.S. Supreme Court's Equal Protection analysis.
I'm not currently in a position to go back and either confirm or refute my memory on this. I'm wondering if any list members is in a position to easily and quickly do so.
Thanks very much, Ned
----- Original Message ----- From: Rick Hasen <Rick.Hasen@lls.edu> Date: Monday, November 29, 2010 12:00 pm Subject: [EL] Electionlawblog news and commentary 11/29/10 To: Election Law <election-law@mailman.lls.edu>